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A challenge for VV

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A challenge for VV

Post by Micheal on Wed Dec 06, 2017 9:14 am

Given our recent debate over the cake guy. 

But everyone is free to opine.

This is a subject close to my home in New Mexico because my wifes boss is representing one of the moms... in this case the biological mom.

Synapsis:

Woman and woman meet in Oklahoma, fall in love, and get married.  Same sex marriage.

They move to New Mexico after woman 1 gets artificially impregnated.
Woman 1 has a little girl.
less then a year later, the women split up with woman 2 leaving the state for Oklahoma.

Fast forward to today

Child is now 3 years old.  Has not seen woman 2 since she was small so does not even recognize her.
Woman 2 has never tried to keep a relationship going, never paid child support.

But as of a year ago, decided she wanted some form of custody.

And all hell has broken loose since then.

Since then, woman 2 went out, got impregnated by the same sperm donor and had a child... by which she can now claim a biological link to the child in question.

Another tidbit of information as to why this case is still going on... the judge presiding over the case is Gay himself.

For him, I would imagine this is a terrible case to hold. 

On the one hand jurisprudence in New Mexico would say woman 1 is the only one with a connection to the child so case closed.  That the needs of the child should come first and that means allowing for her stability with woman 1 to continue uninterrupted.

But not so fast.

For this judge to do that, it makes same sex marriage even harder in New Mexico for it sets a precedence which states same sex couples are treated differently in custody for paternity has always mattered previously... the sperm donor literally has more right to the child then woman 2.

Which of course then sets another bad pattern in the fact that it moves New Mexico away from the pattern of looking out for what is best for the child. 

Please, you are welcome to ask me anything you want for I look forward to your response on how you would handle such.  For me, its pretty straight forward that I would find for woman 1 in order to re-establish the stability for the child.

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Re: A challenge for VV

Post by VixensVengeance on Wed Dec 06, 2017 12:06 pm

This is actually pretty simple.

The original father gave up all rights, im sure, as a stipulation of the donation.
So who is listed on the birth cert for the original child?
Did woman 2 ever legally adopt the original child?

If shes not on the birth cert and has not adopted then she has no rights, even though she had a half sibling. Only the sibling has the rights because of the biological connection.
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Re: A challenge for VV

Post by Micheal on Wed Dec 06, 2017 12:15 pm

I agree with you.

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Re: A challenge for VV

Post by Micheal on Thu Dec 07, 2017 7:38 am

Now to make the necessary changes... for I knew my memory was spotty on this subject.

1.  Not a married couple, but a civil union started 7 years ago. 
2.  Child is not 3 but 7 and not seen the other parent for 6 years.
3.  The trial has gone on for now 2 years with two trips to an appeals court.
4.  In the middle, the judge who started presiding over it retired so that the current judge is now seeing it.

Where we both agree... this is the steps the courts are having to take because of the prioritization of issues.

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Re: A challenge for VV

Post by VixensVengeance on Thu Dec 07, 2017 8:23 am

Those judges have more patience than I have! Laughing

Id be a total bitch and just go "not only no, but fuck no".
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Re: A challenge for VV

Post by Micheal on Thu Dec 07, 2017 8:32 am

I do believe that was done... then it went to appeals which threw it back down stating to try harder.

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